The Door That Opened a Lawsuit

SUVs may be the go-to choice for most family needs, but minivans can also get the job done, especially with sliding doors that make getting in and out easier. However, according to a lawsuit filed last year by Rachel and Andrew Langerhans, that same feature in the 2022–2023 Kia Carnival may pose a safety risk because the doors can close with excessive force, a problem that could be especially dangerous for children.

Kia filed a motion to dismiss the case and compel arbitration, but Judge Stephanie A. Gallagher denied both. Car Complaints reports that the lawsuit will proceed in a U.S. federal court after only one claim was dismissed.

Fine Print Strikes Back

Andrew Langerhans was initially a plaintiff, but because he enrolled in Kia Connect, an in-vehicle technology system similar to Toyota’s Connected Services, he became subject to its terms and conditions. Those terms led him to voluntarily dismiss his claims and pursue them through arbitration. His wife, however, never used the system and therefore is not bound by the arbitration agreement.

The lawsuit claims that the recall for affected Kia Carnival units, which included additional warning chimes and a software update that slowed the sliding door, was insufficient, with the plaintiffs arguing that the pinch sensors remain defective. Kia is also alleged to have known about the defect yet still sold the vehicles in the U.S. beginning with the 2022 model year, after the fourth-generation model debuted in 2020.

The Court Isn’t Convinced

The Korean automaker argued that the recall changes were approved by the National Highway Traffic Safety Administration (NHTSA) and said third-party engineering and biomechanical firms found no issue with the sliding doors. Still, the judge was not persuaded, ruling that a plaintiff does not need to suffer a physical injury to plausibly allege a defect.

Accepting all factual allegations in the complaint as true and drawing all reasonable inferences in favor of the plaintiffs, the judge allowed the case to proceed. The lawsuit was filed in the U.S. District Court for the District of Maryland: Langerhans v. Kia Corporation, et al.

The Carnival is among the few minivans available in the U.S., along with the Toyota Sienna, Chrysler Pacifica, and Honda Odyssey.

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